October 2003 Archives

Today was the Case Management Conference but before that Stan asked me to stop by his office. When I got there he was eating lunch. As is apparently Stan's nature he was chewing on a granola bar and pondering something. He told me that he would really like to get a settlement completed and proceded to his computer to bring up the Martial Settlement Agreement. I suggested that we review the community property spreadsheet and told him that I have updated figures.

We mulled about that spreadsheet a bit and Stan asked me what kind of a settlement do I envision would be fair and that he knows what will probably happen. So I asked him what would probably happen. He said that I should probably offer something smaller like $750 for 4 months (which is effectively $3000 instead of the $1500 for 3 months which would be $4500). Sly but not exactly what I had in mind.

I told him that Olga is basically removable as charged and should just go home and that I did not feel it was right for me to have to support somebody who is unlawfully present and is removable. I think that surprised him but after telling him about INA law and the fact that she cannot adjust status in anyway I think I convinced him.

We then went to court. Since we were both going there he hitched a ride with me. During the car ride I explained more about why I feel that I should not be required to support Olga and that she should just go home. I told Stan it's not revenge I seek it's justice! Olga is probably scamming the next guy and the INS supports the notion that people who are criminals should not be allowed into this country.

At the court we sat there for about an hour. Stan and Olga's attorney, Tracy, sat up front and were talking most of the time. I believe that Stan was showing her my spreadsheet and other supporting documentation. Unfortunately I could not read Tracy's face.

After court we went outside to discuss the issues. I quickly excused myself to use the rest room and when I came out Stan was there. To my surprise he stated that we should offer that I forgive Olga's debt to me and she forgos the spousal support. If that's not acceptable then I can offer the spousal support but that gets deducted from Olga's share of community debt, but she'd still owe me the rest (roughly $20K). Personally I believe that if I forgive all the debt thus losing $20K in the deal then I want at least a letter from Olga saying that she will comply with the INS and voluntarily depart the US.

Stan mentioned that we'll need statements for all of these numbers. I was just waiting for that! So I whipped out my 50 some odd pages of supporting documentation and said "Already done".

We then walked out of the court house with Tracy towards the garage. I was sort of suprised that Stan did not offer Tracy our supporting documentation so I mentioned to Tracy that I have all the supporting documentation already and we'll be able to get them to her in no time. I also mentioned that if Olga wants the Eclipse she can have it - just take over the payments!

I think I might have finally gotten the lawyer on my side! Geeze the work you need to do as a client! Did I say this before? Lawyers Suck!

Spoke to my attorneys secretary/receptionist today... This receptionist is really a ditz! Apparently the CMC is at 1:30 Pm. Anyways, I mentioned that I had not heard from Stan even though the fax that she sent me had a letter from him dated Oct 17 stating that he would like to speak to me that afternoon. This must have overloaded the poor gal and she asked me if I wanted to leave a message telling Stan to call me. Look I'm just tell you what I see! Apparently he wanted to talk to me, not I wanted to talk to him. My assumption is that if he said he wanted to talk to me then he meant that he wanted to talk to me. I'm funny that way I guess! Anyways, he can call me if he wants or not. I don't care. I don't know what he wanted to talk to me about! Geeze and the probably pay her good money too.

Lawyers suck! I have two of them and while I can say that they are incompetent, I can say they are rarely responsive. If I worked like they did I'd be fired! Now I realize a lot of people hate lawyers but I've always thought that when you think about it, nobody goes to a lawyer when things are good. If you're already in a bad mood and the lawyer must relay to you the bad news of your situation then of course your not going to like them all that much.

However, my experiences with these two is leading me to understand more of why people may hate lawyers. For one they really are not alway looking out for your best interests. They prefer a cookie cutter case that they can apply a cookie cutter solution to. Case in point, my divorce attorney is just trying to settle things. He was told that my s2bx will be staying here in the US on a work visa. It was me who had to point out to him that if she did manage to get a work visa then she has a sponser and a job and that that would change spousal support radically. Now isn't it supposed to be him who should be catching such things?!?

Nevermind he never is around and doesn't contact me. The other day (Oct 17th) his office sent me a fax that said that he was in court that morning but that he definitely needs to speak with me about the contents of the fax and would be contacting me that afternoon. Needless to say he still hasn't contacted me!

The fax spoke of paperwork that opposing counsel has been requesting since July - paperwork I've submitted twice now!

Forgive me if I'm wrong but isn't managing his case load his business!

Argh! And you wonder why I spent last weekend preparing for the upcoming Case Management Conference. I tell ya, if you do not watch out for your own best interests then you're screwed. Lawyers, it seems, do not want to be bothered with really doing their job. And I've been in contact with probably about 15 lawyers courtesy of my s2bx, anywhere from immigartion attorneys to criminal attorneys to family law practitioners (BTW Why is it that they are always "practicing" law? Answer: Because they still don't appear to have it right!) and so far all 15 were very similar (with exception of perhaps one)

Divorce

Spent all of today gathering and arranging legal paperwork, which was really my mission for this weekend. Located and scanned in everything so that it's available to me via my web site. This should keep the bitch from burnning paperwork like she did before!

Spent last night trying to get my legal paperwork together for the upcomming battle with the s2bx. Didn't get very far. This is like the 3rd time I've had to do this. Argh!

I had a phone interview with IBM today. The job is over at the Research Center, which is pretty cool because it would be like working at HP Labs and the commute would be wornderfull. Unfortunately it's a Windows position and it seems like it involves a bunch of scientists with regengrade PC's and trying get them all in line with the corporate network so that they can access Clearcase and Clearquest. Also, the pay is pretty bad - only $40/hour at a 1099 rate which would mean that I would not have benefits. Effectively a net loss. The contract is for 9 months but there is a possbility that I could be hired. Not sure what to do as Salira seems to be doing fairly well. We have funding for about 4-5 months and there's talks and rumors of a partnership with Lucent.